Unit 7 Preliminaries to Trial in the Crown Court

Question 1

How is A’s fitness to plead determined?

Answer 1

On medical evidence w/o a jury - the evidence can be written or oral but you need evidence of at least 2 registered medical practitioners (at least one of them has to be duly approved)

Question 2

What happens if an accused is deemed unfit to plead?

Answer 2

The trial shall not proceed or further proceed but it shall be determined by a jury whether on the evidence already before it or which may be adduced by P they are satisfied, as respects the count or each of the counts on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.

Question 3

What 3 orders may the court make if the accused is found unfit to plead and the jury find him guilty as charged?

Answer 3

1. a hospital order, for admission to such hospital as the Secretary of State specifies — such an order may be made the subject of a restriction order without limit of time;
2. a supervision order; or
3. an order for the accused’s absolute discharge

Question 4

Can A be arraigned via live link?

Answer 4

Yes - in appropriate circumstances (e.g. if A is in custody)

Question 5

If there are multiple co-As, are they arraigned together or separately?

Answer 5

Together

Question 6

Can the court postpone the decision on the accused’s fitness to plead?

Answer 6

If, having regard to the nature of the supposed disability, the court are of opinion that it is expedient to do so and in the interests of the accused, they may postpone consideration of the question of fitness to be tried until any time up to the opening of the case for the defence.

Question 7

What is the arraignment?

Answer 7

The arraignment consists of the clerk of the court reading the indictment to the accused and asking whether the accused pleads guilty or not guilty to the counts contained therein.

Question 8

Are the jury present for the arraignment?

Answer 8

• No
• It is now standard practice to exclude the jurors in waiting from court until after the arraignment has been completed
• This avoids the possibility of potential jurors being prejudiced by hearing the accused plead guilty to some but not all the counts on the indictment
• After the jury have been sworn, they are told by the clerk the counts to which the accused has pleaded not guilty, no mention being made of any matters to which the accused has pleaded guilty nor of any co-accused who may have pleaded guilty.

Question 9

Do pleas have to be entered personally?

Answer 9

• Guilty pleas have to be entered personally
• Not guilty pleas are also usually entered personally, but can be entered by counsel

Question 10

What kind of behaviour counts as a ‘not guilty’ plea?

Answer 10

• Express statement that A pleads ‘NG’
• Wilful silence
• Failure to respond or
• Ambiguous G plea

Question 11

If A pleads G, what happens next?

Answer 11

The court has a choice (entirely at its discretion) between two options:

(1) immediately move to sentencing, or

(2) adjourn to

• (i) obtain reports on A or
• (ii) await outcome of other proceedings against A, so can be sentenced at the same time (i.e. if A pleaded G to some counts, but not NG to others)

A can either be committed to custody or bail

Question 12

What can P do if A pleads G to a lesser offence? When are G pleas to lesser offences permissible?

Answer 12

A can only plead G to a lesser offence than the one with which they have been charged, if it is an offence of which the jury could have convicted them. E.g. if A was charged with murder, the jury could have convicted A of manslaughter, so A can legitimately plead NG to murder but G to manslaughter. The point is that A can’t just plead G to something completely different to what they have been charged with. Other examples:

• Murder → manslaughter
• S.18 → s.20
• Possession w/ intent to supply → possession
• Burglary → handling stolen goods

Where A pleads G in this way, P can choose to accept the plea and drop the original charge(s).

Question 13

Can the accused change their plea from not guilty to guilty?

Answer 13

Yes - the judge may allow the accused to change plea from not guilty to guilty at any stage prior to the jury returning their verdict.

The procedure is that the defence ask for the indictment to be put again and the accused then pleads guilty. If the change of plea comes after the accused has been put in the charge of a jury, the jury should be directed to return a formal verdict of guilty.

Question 14

Can the accused change their plea from guilty to not guilty?

Answer 14

• Yes - the judge has a discretion to allow the accused to withdraw a plea of guilty at any stage before sentence is passed
• the discretion exists even where the plea of not guilty is unequivocal
• the discretion must be exercised judicially, sparingly and only in clear cases (i.e. where not to do so might cause an injustice)

Examples:

• D misinformed on nature of charge / availability of a defence
• D put under duress to plead GD

Very difficult to appeal b/c discretion

Question 15

What is the PTPH and how many stages does it have?

Answer 15

• It’s the major pre-trial CC hearing (objective = should be the only pre-trial hearing)
• Two stages: (1) Plea stage, (2) Sentence or trial preparation stage

Question 16

What is the purpose of the PTPH?

Answer 16

• If A has indicated G plea at Mags or between then and PTPH → sentencing
• Otherwise → ensure all steps to prepare trial have been taken or are timetabled

Question 17

What 3 things must the judge satisfy himself of at the PTPH?

Answer 17

1. the defendant understands that credit will be given for a guilty plea;
2. what the defendant’s plea is or is to be;
3. the defendant understands that if there is a trial, this can take place in the defendant’s absence, and the consequences in relation to bail if the defendant were to fail to attend court.

Question 18

What is the PTPH form?

Answer 18

• It’s an online form that sets out info necessary for the PTPH and which must therefore be available at the PTPH and must have been discussed between the parties.
• It must set out info necessary for the fixing of a trial date (e.g. availability of witnesses)

Question 19

Apart from proceeding to trial, what are the two other options available to the prosecution following a plea of not guilty?

Answer 19

1. To offer no evidence; or
2. to ask that the indictment remain on the court file.

Question 20

What happens where the prosecution offer no evidence?

Answer 20

Where a defendant arraigned on an indictment or inquisition pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the defendant is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without the defendant being given in charge to a jury, and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury.

Question 21

Why would P choose not to offer evidence upon a NG plea?

Answer 21

1. P have reviewed evidence and concluded no/insufficient evidence to prove a count on the indictment
2. Part of an agreement w/ D under which A pleads G to other counts

Question 22

What does it mean to ‘let the counts lie on file’? When might this be appropriate?

Answer 22

• As an alternative to offering no evidence, the prosecution may ask the judge to order that an indictment (or counts thereof) shall lie on the file, marked not to be proceeded with without leave of the court or of the Court of Appeal.
• Such a course is particularly appropriate where the accused pleads guilty to the bulk of the charges (whether contained in one indictment or several) but not guilty to some subsidiary charges. Leaving the latter on the file avoids the necessity of a trial, but also avoids the accused actually being acquitted on the ‘not guilty’ counts, which might seem inappropriate if the evidence against the accused is in fact strong.

Question 23

Can an entire indictment remain “on file”?

Answer 23

There is no objection to an entire indictment remaining on the file, as opposed to merely dealing with some counts of a multi-count indictment in that way.

Question 24

What is an application to dismiss? What rules govern the making of such an application? What test does the judge apply in such a case?

Answer 24

• The accused may apply orally or in writing to the Crown Court for the charge(s) to be dismissed
• When? After the date when the accused is served with the documents containing the evidence on which the charge(s) are based, but before the date of the arraignment
• How? Orally or in writing. If oral: must give written notice of intention to do so
• Test: is there sufficient evidence to ensure a proper conviction? If no: the judge must dismiss any charge (and quash any count relating to it in the indictment)